During the 1992 survey period, the most noticeable aspect of the constitutional civil law jurisprudence of the United States Court of Appeals for the Eleventh Circuit was the large body of circuit jurisprudence concerning the First Amendment, both in the context of ballot access and the rights of public employees. The Eleventh Circuit also issued several opinions on constitutionalized procedural issues such as standing, abstention, preclusion, and ripeness. The court's receptiveness to these preliminary defenses provides an opportunity for government defendants to avoid litigation on the merits in appropriate cases.
Once again, the circuit's qualified immunity opinions illustrate the continuing circuit discord over the application of the defense. However, during 1992, the court issued several opinions clarifying the role of the defense at trial. The circuit extended immediate appealability of pretrial denials of immunity to orders denying state law sovereign immunity.
During 1992, the Eleventh Circuit, like most circuit courts, failed to resolve the issue of the applicability of the Fourth Amendment to pretrial detainees. However, the court did make important contributions to its Fifth Amendment jurisprudence during the survey period.
Johnson, Albert Sidney and Mullis, Susan Cole
"Constitutional Civil Law,"
Mercer Law Review: Vol. 44:
4, Article 5.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol44/iss4/5